한국 소년사법제도의 발전방안

Abstract

The latest juvenile delinquency statistics in Korea shows that while the juvenile crime has decreased due to various societal changes such as a decline in youth population, the high recidivism rates for youth offenders remained unchanged, recording at approximately 30%. The qualitative aspects of youth crime are rendering serious problems as the delinquent acts are becoming more atrocious and more organized. Additionally, the increase in the instances of younger-age crime is emerging as another grave issue for the society. Families and educational institutions which have the primary responsibility for educating and protecting juvenile delinquents can be deemed as the first one to be blamed for these problems. However, justice institutions are equally responsible for the problems since they have failed to carry out their duties to administer issues caused by juvenile delinquents. This contention is reinforced by 30% recidivism rate of juvenile offense. To state the conclusion, the juvenile justice institution responsible for the treatment of juvenile delinquents must establish the sound justice system for youth and efficiently manage the system in order to prevent the juvenile offense and the reoccurring offense as well. This article will first examine the current trend on offenses committed by adolescents; then analyze the problems faced by the juvenile justice system which governs juvenile crime law, juvenile justice institutions, procedures for juvenile criminal cases, and treatment programs for juvenile inmates; and finally propose the future-oriented direction for the development of Korean Juvenile Justice System. As for the directions for reformation in the management of juvenile justice institutions, the management by administrative experts on correction and the operation of privately-run law education centers have been presented. As for the directions for the improvement in the juvenile justice process, employing the restorative justice system, amalgamating the juvenile criminal procedure, establishing the compensatory system in juvenile correction cases, vitalizing the police diversion policy, and expunging juvenile criminal records have been proposed. Furthermore, as for the directions for the improvement on treatments of juvenile inmates, vitalizing the open treatment, enhancing correction and rehabilitation education, and crystallizing the system for the relief of individual rights have been suggested. Finally, for the conclusion, in order to achieve the juvenile justice system managed by administrative experts on correction, the adoption of the restorative justice has been strongly emphasized.